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Abbot of Newbottle v Tenants. [1580] Mor 9104 (00 March 1580)
URL: http://www.bailii.org/scot/cases/ScotCS/1580/Mor219104-055.html Cite as:
[1580] Mor 9104
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. IV.
Privilegiatus contra Privilegiatum.
Abbot of Newbottle v. Tenants
1580.
March. Case No. No 55.
Found in conformity with the above.
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The Abbot of Newbottle pursued certain of the tenants for reduction of their feu-charter. Compeared one called Cavers, and alleged, that he was minor annis et quod non tenebatur placitare super hæreditate. It was answered by the Abbot, That he was convened super facto paterno; and also, that he could allege no privilege of minors against the said Abbot; being a kirk man, who was alike privileged as he was, et privilegiatus adversus privilegiatum non gaudet privilegio. The which allegeance was admitted by the Lords, and the defender ordained to answer, notwithstanding his minority.
